Latest Developments:
- The United States Third Circuit Court of Appeals, in Deon v. Barasch, struck down Pennsylvania’s broad ban on campaign contributions from the gaming industry. The Harrisburg Patriot-News reports that the court found that the “state’s prohibition goes too far.” The article summarizes the conclusion that “Pennsylvania officials have not proven that their total ban is justified when those other states impose lesser restrictions that don’t severely infringe free speech rights.”
- The United States Department of Justice’s Foreign Agents Registration Act (FARA) Unit recently released “Letters of Determination” transmitted from 2017 to the present that resulted in an entity or individual registering under FARA. When the FARA Unit determines that a registration obligation exists, the Unit sends a Letter of Determination to the potential registration setting forth relevant facts, applicable statutory and regulatory provisions, and its analysis. These Letters are largely unredacted and provide a greater level of legal analysis than the Advisory Opinions released publicly in 2018. While only one Letter was issued under the current Chief of the FARA Unit, these Letters provide valuable information to those in the regulated community as to the Unit’s focus and interpretation of FARA.
- The United States Supreme Court declined to review the Ninth Circuit’s decision in National Assn. for Gun Rights v. Magnan. The decision upheld Montana’s requirement that nonprofits register as political committees if, within 60 days of an election, they run any type of advertising that refers to a candidate or ballot measure. The case is now final.
- COVID-19 Update: Government officials, agencies, and courts continue to respond to the COVID-19 emergency. Each week we will add the latest information. For more information about filing deadlines, contact our Political Reporting Unit. Among the more notable developments this week:
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- The Chicago Board of Ethics, “in light of the COVID-19 pandemic,” further extended the deadline to file first quarter lobbyist activity reports, from June 1 to July 1, 2020.
Reminder:
Elections Update: Executive Order N-67-20, signed by California’s Governor on June 3, seeks to ensure in-person voting opportunities are available in sufficient numbers to maintain physical distancing. It requires counties to provide three days of early voting starting the Saturday before election day and requires ballot drop-box locations be available between October 6 and November 3, while also allowing counties to consolidate voting locations, with at least one voting location per 10,000 registered voters. The Legislature is also considering further action on universal mail elections. For the latest information and inquiries about California government law resources related to the COVID-19 pandemic, check out our website.
In Case You Missed It:
- Nonpartisan Ethics: The Governor of Kentucky appointed three individuals to the five-member Kentucky Executive Branch Ethics Commission. According to the Associated Press, the Democratic Governor “said he would take recommendations from the state attorney general and state auditor for two more positions. Both the AG and the auditor are Republicans.”
- Unrelated(?): The Mayor of Raleigh, according to the Raleigh News & Observer, “began interviewing for her new job with a construction company nine days after the company received a $6.3 million city contract.” Critics call it a “conflict of interest.” The contract was awarded to the lowest of six bids by unanimous approval of the city council including the Mayor. The Mayor accepted her new job as Director of Business Development for the contractor about six weeks after the contract was awarded.
- Virtually Tapping Lobbyists for Contributions: The Hartford Current reports on how legislators turn to lobbyists for contributions as soon as the legislative session ends. (Connecticut has a ban on contributions during the legislative session.) Yet unlike past years, no post-session, in-person fundraisers are scheduled. As an example, the Current quotes a fundraising email from a legislative leader stating that the leader’s PAC “‘was hoping to host a summer fundraiser, but in light of our social distancing efforts, I’d like to offer some 1-on-1 time, via Zoom.’”